California Leave of Absence (FMLA): What you need to know

California has enacted many leave laws covering various types of leave. Note that some of these laws overlap. The state laws discussed here are:

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• California Family Rights Act

• New Parent Leave Act

• Pregnancy Disability Leave Act

• Paid Family Leave Program

• Family-School Partnership Act

• School Suspensions and Expulsions

• Domestic Violence and Sexual Assault Victims Leave

• Crime Victims Leave

• Time off for Emergency Duties

• Family Military Leave

• Temporary Disability Leave

California has extensive FML protections for both public and private employers. These protections are contained in the California Family Rights Act (CFRA) (CA Gov. Code Sec. 12945.2).

Covered employers include “any person or individual, including successors in interest of a covered employer, engaged in any business or enterprise in the state that directly employs 50 or more persons within any state of the United States, the District of Columbia or any territory or possession of the United States to perform services for a wage or salary.”

Covered employers also include the state of California, counties, and any other political or civil subdivision of the state and cities, regardless of the number of employees. For the purpose of determining employer coverage, there is no requirement that the 50 employees work at the same location or work full-time (CA Gov. Code Sec. 12945.2 et. seq).

“Directly employs” means that the employer maintains an aggregate of at least 50 part- or full-time employees on its payroll(s) for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. The workweeks do not have to be consecutive.